Blakely v. Washington, No. 02-1632 (U.S. Supreme Court) (542 U.S. 296; 124 S.Ct. 2531) (June 24, 2004) (Justice Scalia)
Relying on Apprendi v. New Jersey, a sharply divided Court held that the Sixth Amendment requires a jury determination of the factual basis for upward departures - a principle that threatens some of the major premises of the Federal Sentencing Guidelines.
Relying on its decision in Apprendi v. New Jersey, …
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